KASIPAIYAN @ LAKSHMANAN Vs. STATE

JUDGEMENT

(1.) All the above appeals arise out of a common judgment of the learned First Additional Sessions Judge, Salem dated 29.4.2005 made in S. C. No.96 of 2004. By the said judgment, the appellant in Crl. A. No.425 of 2005, who was tried as A-3, was found guilty of the offence under Sec.323 IPC (2 counts) and sentenced to undergo six months simple imprisonment for each count and also to pay a fine of Rs.1,000/- each, in default to undergo simple imprisonment for three months on each count and the sentences are to run concurrently. The appellant in Crl. A. No.513 of 2005, who was tried as A-4, was found guilty of the offence under Sec.323 IPC and sentenced to undergo three months simple imprisonment and also to pay a fine of Rs.500/-, in default to undergo simple imprisonment for two months. The appellants in Crl. A. No.918 of 2005, who were tried as A-1 and A-2, were found guilty of the offence under Sec.302 IPC and each was sentenced to undergo life imprisonment and also to pay a fine of Rs.1,000/-, in default to undergo rigorous imprisonment for six months. So far as the other charges, A-1 to A-4 were acquitted. Hence they are taken up together for disposal by this judgment.

(2.) Before the learned First Additional Sessions Judge, Salem, in all, seven accused were put on trial for various charges. The learned Judge acquitted A-5 to A-7 after holding that the prosecution has not established its case against them, but found the appellants/a-1 to A-4 guilty, convicted and sentenced them for the offence as stated above. For convenience, the appellants are referred to as A-1 to A-4 as arrayed in the sessions case.

(3.) The prosecution case in brief is as follows:-